New Jersey Statutes 3B:12-73. Immediate assumption of duties of appointed standby guardian; revocation in writing
Terms Used In New Jersey Statutes 3B:12-73
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Child: means any individual, including a natural or adopted child, entitled to take by intestate succession from the parent whose relationship is involved and excludes any individual who is only a stepchild, a resource family child, a grandchild or any more remote descendant. See New Jersey Statutes 3B:1-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who has qualified as a guardian of the person or estate of a minor or incapacitated individual pursuant to testamentary or court appointment, but excludes one who is merely a guardian ad litem. See New Jersey Statutes 3B:1-1
b. (Deleted by amendment, P.L.2021, c.192)
c. Within 90 days following the assumption of guardianship duties, the appointed standby guardian shall petition the court for confirmation. The confirmation petition shall include a determination that the activating event has occurred.
d. The court shall confirm an appointed standby guardian named in accordance with this act and otherwise qualified to serve as guardian pursuant to N.J.S. 3B:12-1 et seq. unless there is a judicial determination of unfitness with regard to the appointed standby guardian.
e. A standby guardian appointed pursuant to section 6 of P.L.1995, c.76 (C. 3B:12-72) may decline appointment at any time before the assumption of standby guardianship duties by filing a written statement to that effect with the court, with notice to be provided to the petitioner and to the minor child or minor ward if the child or ward is 14 years of age or older.
f. Commencement of the duties of the standby guardian shall confer upon the appointed standby guardian shared authority with the parent, custodian, or guardian of the minor child or minor ward, unless the petition states otherwise.
g. A parent, custodian, or guardian may revoke a standby guardianship by executing a written revocation, filing it with the court where the petition was filed, and promptly notifying the appointed standby guardian of the revocation. An unwritten revocation may be considered by the court if the revocation can be proved by clear and convincing evidence submitted to the court.
L.1995, c.76, s.7; amended 2021, c.192, s.5.